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Reasons - Civil. McAvany v. Kingston Home Base Non-Profit Housing
In McAvany v. Kingston Home Base Non-Profit Housing (Ont Divisional Ct, 2025) the Divisional Court dismissed an RTA s.210 appeal.
Here the court considers the requirements of reasons in civil cases:[24] In Canada Forgings Inc. v. Atomic Energy of Canada Ltd., 2024 ONCA 677, the Court of Appeal for Ontario recently commented upon the principles that apply to appeals on grounds of sufficiency of reasons in a civil context [citations omitted]:1. There are two key points to assessing the sufficiency of reasons:
a. First, the overarching question is whether the reasons functionally permit meaningful appellate review. Even if the reasons are deficient, this ground of appeal will fail if despite the shortcomings a meaningful review can be conducted.
b. Second, in determining whether the reasons are sufficient, they must be considered contextually. Relevant context includes the issues raised, the evidence adduced, and the arguments made at trial: at para. 22.
2. The duty to provide reasons has four objects:
a. To justify and explain the result;
b. To explain to the unsuccessful party why they were unsuccessful;
c. To provide for informed consideration of the grounds of appeal; and
d. To satisfy the public that justice has been done: at para. 23.
3. A judge is under no obligation to refer to every piece of evidence in their reasons; they are only required to refer to evidence and to resolve conflicts in evidence that are material to the issues to be determined. An appellate court cannot disturb a trial judge’s findings simply because they failed to refer to some of the evidence, nor should they second-guess how the evidence was weighed: at para. 26. [25] Appellate courts considering the sufficiency of reasons should read the reasons as a whole. The object is not to show how the judge arrived at his or her conclusion, in a “watch me think” fashion. Rather, it is to show why the judge made that decision: R. v. R.E.M., 2008 SCC 51, [2008] 3 S.C.R. 2, at paras. 15-17.
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